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Stanton Johnston
4653 Kahala Ave.
Honolulu, HI 96816
March 22, 2010COMMITTEE ON JUDICIARY AND GOVERNMENT
OPERATIONS
Senator Brian T. Taniguchi, Chair
Senator Dwight Y. Takamine, Vice Chair
DATE: Tuesday, March 23, 2010
TIME: 9:30 a.m.
PLACE: Conference Room 016
State Capitol
415 South Beretania Street
Comments on HB 1808, HD3, SD1: Relating to Coastal Areas.
Clarifies the definition of
shoreline. Effective July 1, 2050. (SD1)
Dear Honorable Chair Members Taniguchi and Takamine:
The definition of shoreline does not address erosion and
unfairly takes away property from
longtime owners, which raises serious constitutional
questions.
As an example, please answer the following practical
questions:
1. Who owns the property eroded by high tide or the upper
reaches of the wash of thewaves that is located inside an owners
property line?
2. Why were newly constructed seawalls built on Kahala beach?3.
Who owns these seawalls and who owns the property they are
constructed on?4. Did the State pay for any of the construction?5.
Who is responsible for maintenance, liability, erosion control and
ecological damage
due to construction and beach replenishment of these seawalls?
(Please see photos
attached.)
In every state it has been the governments responsibi lity, both
State and Federal, to protect
property owners with seawalls (New Orleans) and from various
floods throughout the country,
however, we know that seawalls will exacerbate erosion.
The definition of shoreline confuses the situation. If the State
intends to take land, then it
should pay for it.
Stanton Johnston
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4631 KAHALA AVENUE (2010)
Photo by NORMAN SHAPIRO | The Honolulu Advertiser
Taken 3/18/10
4631 KAHALA AVENUE (2010)
Photo by STANTON JOHNSTON
Taken 3/22/10
PROOF OF CONSTANT EROSION
The Honolulu Advertisers photo
shows imported sand covering up
the sandbags.
The high wash of the
waves has now eroded
past the fence into the
property line.
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WHO OWNS AND IS RESPONSIBLE FOR THIS LAND?
4615 KAHALA AVENUE
Was safe shoreline access achieved to ensure public transit of
beach corridors with the
cutting back of native vegetation? The Naupaka Kahakai is gone
and has been replaced
by seawalls! Beach access was not achieved, but DANGEROUSLY
obstructed at high tide.
Who is responsible for maintenance, liability, erosion
control
and ecological damage due to construction and beach
replenishment of these seawalls?
